Immigration Law

"Areas of particular strength include complex asylum and deportation matters in the context of European human rights law, but also private, business and high net worth immigration."

Chambers UK Bar Guide - Band 1

"Garden Court Chambers is the best immigration set in the country. They have a range of truly excellent barristers."

Chambers UK Bar Guide - Band 1

"A highly esteemed immigration set with a strong track record in sophisticated cases at the Court of Appeal, Supreme Court and SIAC."

Chambers UK Bar Guide - Band 1

"Highlights have included success for Amanda Weston KC, leading Gordon Lee, in the Supreme Court case of R (Majera (Rwanda)) v Secretary of State."

Chambers UK Bar Guide - Band 1

"Lisa, Helen-Louise and Harriet are wonderfully responsive and make it their mission to provide the absolute best service to their professional and lay clients." "The best clerking in the business - utterly efficient."

Chambers UK Bar Guide - Band 1

Garden Court’s Immigration Team is recognised as the pre-eminent set of barristers in the UK specialising in immigration law. Our team won 'Immigration Set of the Year' at the Legal 500 Bar Awards 2023.

We have been awarded the highest ‘Band 1’ status for immigration law by the independent Chambers Bar Guide rankings and we are ranked in 'Tier 1' in the Legal 500 UK Bar rankings. We are the only 'Tier 1' ranked chambers in immigration law.

We know the immigration system inside-out and have covered every kind of situation. Our barristers have appeared in many of the cases that have shaped UK immigration law, and we continue to write the leading textbooks on immigration and asylum. We handle cases with unrivalled levels of expertise. We will be at the forefront of holding the government to account in the future treatment of EU citizens post-Brexit.​

We work with NGOs and charities on test cases, policy work, campaigns and events. These include the Immigration Law Practitioners Association, the Anti Trafficking Legal Project, Joint Council for the Welfare of Immigrants, Bail for Immigration Detainees, UNHCR UK, All Party Parliamentary Group on Visas & Immigration, Amnesty International, Equality & Human Rights Commission, Medical Justice, Young Roots, the Helen Bamber Foundation, Liberty and the Trafficking Law and Policy Forum.

Areas of Expertise

  • Asylum and international protection
  • Family and children immigration
  • National security, terrorism and international armed conflicts
  • Human rights
  • EU citizens
  • Commercial and business immigration (including the Points Based System)
  • Sponsor licences for businesses and colleges
  • British nationality
  • Trafficking
  • Deportation
  • Third country removals
  • Foreign criminal matters
  • Immigration detention
  • Migrant welfare
  • Private immigration work, acting for individuals from the highest echelons of international politics, business and sport

our immigration counsel

  • Provide the very best strategic advice on the most relevant evidence and the strongest arguments to support any kind of application to the Home Office or Entry Clearance Officer – the earlier counsel comes on board, the more value they can add
  • Give realistic guidance on your options when your last application has failed (including whether a further application or a legal challenge to the last refusal makes most sense)
  • Ensure that Court and Tribunal challenges are based on the latest legal thinking and are backed by the best available evidence
  • Understand the way that government decision-makers and judges think, and are thus very well-placed to advise on how best to present a case from the earliest stages

 

OUR IMMIGRATION CLERKS

Our team of specialist barristers are supported by clerks with expert knowledge of:

  • King’s Counsel and senior barristers who are well known across the immigration sector, with extensive knowledge, depth and legal experience - having appeared throughout the courts; from the tribunals to Supreme Court.
  • Experienced and knowledgeable junior barristers who can handle cases more cost-effectively, and who have the expertise of senior colleagues to draw on

To contact the Immigration Clerks, please email immigrationclerks@gclaw.co.uk or phone +44 (0)20 7993 7600

 

conferences

Barristers can add value to the legal advice you offer your client beyond acting as advocates. Sometimes the most useful work we do is to offer insight into a client’s options well before any litigation takes place. Whatever stage a case has reached, it is always useful to get another view.

Our barristers can:

  • Help to plot a strategic solution to a client’s needs, whether that involves making a further better evidenced application or pursuing another immigration route altogether
  • Advise on the required evidence and legal arguments available in administrative review applications, appeals or judicial review claims: the sooner counsel comes on board, the earlier they can start making a real difference
  • Ensure that an application is structured in the best way possible to generate an appeal if refused

 

administrative review

Some administrative review applications are straightforward and solicitors may well be comfortable with drafting themselves.

However, the more complicated the legal and evidential issues, the more likely it is that counsel may add value, particularly where it is likely that the application is just a prelude to a judicial review claim.

Our counsel are experts at:

  • Analysing the Rules and Guidance to spot arguable errors
  • Understanding the nuances of evidential flexibility found in Rule 245AA addressing missing documents and information
  • Running arguments based on fairness when things have gone wrong at the interview stage

 

LITIGATION

Our casework includes:

  • Drafting persuasive grounds of appeal to the First-tier Tribunal, which may result in concessions from Entry Clearance Managers or senior Home Office staff before a case comes to court
  • Advising on precisely what evidence is needed, looking over draft witness statements and checking supporting documents
  • Drafting skeleton arguments and providing the very highest quality of advocacy at appeal hearings
  • Drafting grounds in order to obtain permission to appeal to the Upper Tribunal against First-tier Tribunal decisions and then providing expert representation at the subsequent hearings
  • Litigating in judicial reviews – we can add value at every stage, from drafting the original Pre Action Protocol letters to providing the concise and well-argued grounds that are vital to steer a judicial review application to a realistic conclusion.
  • We act in every kind of challenge, including nationality refusals, administrative review refusals, challenges to “clearly unfounded” certificates, refusals to recognise fresh claims, and unlawful detention claims

 

ASYLUM AND DEPORTATION

Our casework includes:

  • Strengthening the client’s case by pointing those instructing towards the best possible country evidence to support an asylum claim, advising on expert reports and advising on witness statements
  • Persuading judges to allow appeals by our knowledge of the latest asylum and international protection case law
  • Preventing deportation by putting together a watertight case on links to the UK

Visit our Immigration Detention, Asylum and Deportation page for more details

 

FIGHTING DISHONEST ALLEGATIONS

Our casework includes overturning refusals based on dishonesty allegations, such as:

  • Refusals of settlement because the Home Office do not accept the claimed earnings are genuine, including where there are inconsistencies between earnings shown on tax returns and immigration applications
  • Accusations of cheating in English language tests
  • Omissions in application forms

 

SECURING AND UPHOLDING eUROPEAN uNION rESIDENCE rIGHTS

Our casework includes:

  • Advising on the best way for a British citizen to lawfully move abroad for a period and return in the future ensuring residence rights in European Union law for their here (ie Surinder Singh cases)
  • Obtaining permanent residence for European Economic Area (EEA) nationals with complex histories of work, self-sufficiency and study
  • Preventing the expulsion of EEA nationals accused of involvement with marriages of convenience or abuse of EEA rights
  • Winning appeals involving proof of continuous residence and exercise of Treaty Rights throughout a person’s stay in the UK
  • Advising on the likely consequences of the UK’s departure from the European Union

 

LONG RESIDENCE AND PRIVATE LIFE

Our casework includes:

  • Advising on the best way for a British citizen to lawfully move abroad for a period and return in the future ensuring residence rights in European Union law for their here (ie Surinder Singh cases)
  • Obtaining permanent residence for European Economic Area (EEA) nationals with complex histories of work, self-sufficiency and study
  • Preventing the expulsion of EEA nationals accused of involvement with marriages of convenience or abuse of EEA rights
  • Winning appeals involving proof of continuous residence and exercise of Treaty Rights throughout a person’s stay in the UK
  • Advising on the likely consequences of the UK’s departure from the European Union

 

FIGHTING FOR FAMILIES

Our casework includes:

  • Demonstrating that there really were “insurmountable obstacles” to relocation abroad for a loving couple whose “partner” application had been refused
  • Showing that it would be unreasonable for the parents of a British citizen child to have to leave the country
  • Making further representations that were accepted as a fresh human rights claim, generating a further right of appeal
  • Overturning “clearly unfounded” certificates to ensure a right of appeal before an independent immigration judge
  • Getting refusals overturned for much-loved family members who have been repeatedly denied visit visas
  • Obtaining a visa for an elderly adult dependent relative with complicated care needs that could not be met in their country of origin

 

POINTS BASED SYSTEM CASES

Our barristers can:

  • Advise on the complicated web of Rules and Guidance that govern applications to make sure everything is in order
  • Cast an eye over the evidence which it is proposed to rely on
  • Analyse the client’s route to indefinite leave to remain having regard to the need for continuous lawful residence
  • See whether a refusal can be undermined having regard to missing documents, evidential flexibility, and common law principles of fairness

 

BUSINESS IMMIGRATION

Our barristers can:

  • Help advise on business plans and other aspects of an Entrepreneur application – and go on to fight the client’s corner during administrative and judicial review challenges
  • Advise on the best strategy where a Sponsor’s licence is under threat: whether the client is facing an audit, or had the licence suspended or revoked. Remember: the sooner we come on board and start advising, the higher the chances of success
  • Give realistic advice on the best approach to take to a Civil Penalty Notice

 

PUBLICATIONS

We have authored or contributed to all of the authoritative texts on immigration law including:

  • Macdonald’s Immigration Law and Practice (Butterworths LexisNexis, 9th edition)
  • Immigration Appeals and Remedies Handbook (Bloomsbury, 2015)
  • Immigration Practice and Procedure in Family Proceedings (Jordans, 2013)
  • Fransman’s British Nationality Law (Bloomsbury Professional, 3rd edition 2011)
  • JCWI Guide to the Points-Based System (JCWI, 2011)
  • Halsbury’s Laws of England (Butterworths 5th ed, vol. 4 2011) British Nationality
  • Asylum Law and Practice (Bloomsbury, 2nd edition 2010)
  • Blackstone’s Guide to the Borders, Citizenship and Immigration Act 2009 (Oxford University Press, 2010)
  • Support for Asylum Seekers and other Migrants (Legal Action Group, 2009)
  • HJT and ILPA’s Home Office Policy Manual (HJT, 2009)
  • Blackstone’s Guide to the Criminal Justice and Immigration Act 2008 (Oxford University Press, 2009)
  • Jackson and Warr’s Immigration Law and Practice (Tottel, 4th edition 2008)

 

Recent notable cases and news

Garden Court Chambers wins awards in four categories at Legal 500 Bar Awards 2024

We are delighted to announce that Garden Court Chambers has won four awards at The Legal 500 Bar Awards, held on Wednesday 25 September 2024.

26 September 2024

High Court grants interim relief for immigration detainee with pending Proceeds of Crime Act proceedings

Alex Schymyck, of the Garden Court Chambers Public Law Team, represented the Claimant, instructed by Halima Safa Ahmed of Duncan Lewis Solicitors.

19 September 2024

Successful Discrimination Judicial Review results in Home Office changing the law to allow Bereaved Partners to make fee waiver applications when applying for Indefinite Leave to Remain

Nicola Braganza KC and Maria Moodie, both of the Garden Court Chambers Public Law and Immigration Teams, instructed by Sarah Looney at the Public Law Interest Centre, successfully represented the Claimant.

18 September 2024

Immigration Blog: Albania: is it really a “safe country” for the purposes of certification?

Blog post by Mark Symes and Emma Fitzsimons of the Garden Court Immigration Law Team.

17 September 2024

Immigration Blog: Recognising British citizens: law, policy, and practice

Blog post by Adrian Berry of the Garden Court Immigration & Public Law Teams.

17 September 2024

Home Office introduces scheme to relocate family members of Afghan evacuees

Ali Bandegani of Garden Court Chambers acted for the claimant DX1, instructed by Daniel Carey and Catherine Dowle of Deighton Pierce Glynn.

1 August 2024

Steven Galliver-Andrew successfully challenges forced relocation of student asylum seeker

Steven Galliver-Andrew of the Garden Court Public Law and Immigration Teams acted for the claimant, instructed by Satvir Sahota and Maniha Ahmad Khan of Duncan Lewis.

31 July 2024

David Jones assists in securing damages for falsely imprisoned client

David Jones of Garden Court Chambers was instructed by Haroon Karimdad and Bahar Ata of Duncan Lewis Solicitors.

24 July 2024

Steven Galliver-Andrew assists in swiftly securing release of long-term immigration detainee

Steven Galliver-Andrew of Garden Court Chambers was instructed by Satvir Sahota and Maniha Ahmad Khan of Duncan Lewis Solicitors.

16 July 2024

Garden Court Chambers shortlisted for record-breaking fourteen awards at The Legal 500 Bar Awards

We are delighted to announce that Garden Court Chambers has been shortlisted in a record-breaking fourteen categories at The Legal 500 Bar Awards.

9 July 2024

Home Office policy of refusing to determine thousands of EUSS applications for leave to remain by EU citizens/EEA nationals found to be unlawful

Adrian Berry of Garden Court Chambers, led by Jamie Burton KC of Doughty Street Chambers, represented the appellant, instructed by Ellen Fotheringham of Public Interest Law Centre.

5 July 2024

Suitable accommodation secured for non-binary person fleeing Russia

Steven Galliver-Andrew of the Garden Court Immigration Team successfully represented the claimant, instructed by Satvir Sahota and Tahera Lakha of Duncan Lewis Solicitors.

5 July 2024

Negative trafficking decision quashed by High Court

Taimour Lay of Garden Court Chambers represented a child victim of trafficking who challenged a negative Reasonable Grounds evaluation.

1 July 2024

Asylum Support Tribunal rules on evictions following ‘implicit withdrawals’ of asylum claims

Alex Grigg of Garden Court Chambers acted pro-bono for the appellants, instructed by Mark Rogers and Richard Copson of the Asylum Support Appeals Project (ASAP).

26 June 2024

Immigration Blog: Garden Court barristers secure clean sweep of Rwanda removals bail victories

Blog post by Georgie Rea of the Garden Court Immigration Law Team.

24 June 2024

Liz Davies KC & Adrian Berry contribute to Legal Action Magazine (Jul/Aug 2024)

Our Liz Davies KC of the Garden Court Housing Law Team and Adrian Berry of the Garden Court Immigration Law Team have written for Legal Action Magazine.

21 June 2024

Refugee Week - Seeking a new home: The reality of safe and legal routes to the UK for Palestinians

Maha Sardar of the Garden Court Immigration Team writes for Refugee Week on safe and legal routes to the UK for Palestinians.

20 June 2024

High Court finds Home Office decision to abandon key Windrush recommendations discriminatory

Our Joint Head of Chambers, Grace Brown acted for the claimant, Mr Donald, led by Phillippa Kaufmann KC. Our Nicola Braganza KC and Bijan Hoshi acted for the intervener, Black Equity Organisation (BEO).

19 June 2024

High Court rules Home Secretary acted unlawfully by failing to provide document to thousands of migrants with valid immigration status

Stephanie Harrison KC of Garden Court Chambers represented RAMFEL and Ms Adjei alongside Shu Shin Luh of Doughty Street Chambers, instructed by Janet Farrell and Christina Bodenes of Bhatt Murphy Solicitors.

7 June 2024

High Court determines that Windrush victims are not entitled to Legal Aid

Grace Brown, Joint Head of Garden Court Chambers, and Alex Schymyck, also of Garden Court, represent Joyce Oji, instructed by Southwark Law Centre (SLC). King’s Legal Clinic & the Windrush Justice Clinic are supporting SLC in this case.

3 June 2024

Immigration Blog: Sponsor licence compliance action - threats and remedies

Immigration blog by Mark Symes and Ella Gunn of the Garden Court Chambers Immigration Team.

3 June 2024

County Court finds pre-settled status holders eligible for homelessness assistance under Housing Act 1996 on basis of right to equal treatment

The successful Appellant was represented by Adrian Berry and Desmond Rutledge of Garden Court Chambers, instructed by Shelter.

22 May 2024

Nick Bano, Ollie Persey and Mia Hakl-Law shortlisted for LALY Awards 2024

Our warmest congratulations to Nick, Ollie and Mia for this outstanding achievement.

20 May 2024

Trafficking and organised crime in Albania - May 2024

Claudia Neale is the legal researcher at Garden Court Chambers and a former barrister specialising in immigration and asylum law. Micah Anne Neale is a PhD graduate and freelance researcher.

16 May 2024

Upper Tribunal allows judicial review of Afghan judges seeking leave to enter UK

Sonali Naik KC and Emma Fitzsimons were instructed by Rachael Lenney of Wilsons LLP on behalf of S. Irena Sabic KC and David Sellwood were instructed by Zoe Cooley of Wilsons LLP on behalf of AZ.

3 April 2024

Questions of ‘institutional racism’ need to be answered by Home Office

Our Joint Head of Chambers, Grace Brown is acting for the claimant, Mr Donald. Our Nicola Braganza KC is acting for the intervener, Black Equity Organisation (BEO).

28 March 2024

Permission granted for judicial review of Home Office decision to refuse and certify Albanian “blood feud” asylum claims

Our Steven Galliver-Andrew of the Garden Court Public Law & Immigration Teams acted for the claimant, instructed by Stuart Luke of Luke & Bridger Law.

22 March 2024

Home Office misunderstood British citizenship laws over several decades – Court of Appeal agrees with High Court ruling

The full counsel team included Jessica Simor KC, Adrian Berry of the Garden Court Public Law & Immigration Teams, and Admas Habteslasie, instructed by Solange Valdez-Symonds of Project for the Registration of Children as British Citizens (PRCBC).

20 March 2024

Grace Brown awarded Highly Commended at Women & Diversity in Law Awards 2024 in 'Advocate of the Year' category

We are delighted to announce that our Joint Head of Chambers, Grace Brown, is highly commended in the 'Advocate of the Year' category at the Women & Diversity in Law Awards 2024.

14 March 2024

UK Home Office grants asylum to Palestinian citizen of Israel

Franck Magennis, of the Garden Court Chambers Immigration Team, represented the Appellant, instructed by Taher Gulamhussein of Riverway Law.

12 March 2024

High Court allows judicial review claim of Afghan Judge who contributed to UK mission in Afghanistan and was denied relocation to UK

Duran Seddon KC and Ali Bandegani, of the Garden Court Immigration Team, instructed by Zoe Cooley of Wilson Solicitors LLP, represented the claimant in the successful case against the decision of the Ministry of Defence (MoD).

7 March 2024

Foreign Office grants Indefinite Leave to Remain to mother of British Embassy workers in Kabul and agrees to pay indemnity costs

Our Helen Foot and Emma Fitzsimons successfully represented the Claimants in R (AA and RA) v Secretary of State for Foreign, Commonwealth and Development Affairs AC-2023-LON-002498, instructed by Tori Sicher of Bhatt Murphy Solicitors.

29 February 2024

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